Los Angeles Age Discrimination Lawyer

Age Discrimination

Age discrimination, or ageism, is stereotyping or prejudice against people based solely on their age. This term describes the discrimination faced by older people and senior citizens but has been expanded to allow for discrimination towards people that are too young.

The majority of laws in the United States protect employees that are over the age of forty. These employees are protected from age discrimination in the workplace if their employer or the company for whom they're applying for a job regularly employs 20 or more individuals. States are allowed to have different requirements for how many employees an employer must have to be subject to such acts as the Age Discrimination in Employment Act of 1967. In California, an employer must regularly employ a minimum of 5 employees. While that may seem clear cut, the Supreme Court has allowed different ways of counting the number of employees an employer has in their employ.

The Age Discrimination in Employment Act of 1967 involves a number of protections for employees and job applicants. These protections apply to general employers, to employment agencies, to labor unions, and to the federal government. The protections do not apply to elected officials or independent contractors. State governments may be exempt from paying monetary damages, under certain circumstances.

Not all workers are protected. Individuals in "high policy-making positions" that will earn benefits of $44,000 a year can be required to retire at 65. There are also exceptions for police officers, fire personnel, tenured university faculty, and other federal employees that work in law enforcement and air traffic control. Also, if a job position requires the employee to look a certain age, then there is an exception available. This is called the Bona Fide Occupational Qualification, or BFOQ. This allows an employer to choose an actor or model based on age if looking or being a certain age is part of the job.

There are also other forms of illegal activities tied to age discrimination. If an employee testifies or files a claim against a company claiming age discrimination, the employer may not retaliate. An employer may not include any age preferences, limitations, or specifications in job notices or advertisements. Also, apprenticeship programs, including joint labor-management programs, may not discriminate on the basis of an individual's age.

A major exception to age discrimination laws is if a younger person is hired because of lower salary requirements. A younger person generally has less of a salary history and may be a cheaper employee than someone that has been in the workforce for 20 years. If the younger person is hired because of their salary requirement and age just happened to be part of that, it is not illegal.

As in any area of the law, there are many loopholes and exceptions. Contacting an experienced Los Angeles Employment Lawyer such as Perry Smith can help to remove some of the confusion associated with employment disputes.